David Lemer

Overview

David practises predominantly in immigration, employment and general civil litigation.

In immigration and asylum he regularly appears before both the First Tier and Upper Tribunal's as well as the Court of Appeal, which recently described his oral advocacy as displaying "great skill but also economy." David also has extensive experience in the Administrative Court, primarily through judicial review challenges to fresh claim applications and unlawful detention.

David's recent case load has seen his extensive involvement in a string of public law challenges to the UKBA's removal of a number of Educational institutions from the sponsorship register. David recently represented eight claimants in their claims for damages arising from the Home Office's delay in granting them settled status. The Court of Appeal, in Home Office v Mohammed and others [2011] EWCA Civ 351 rejected the Home Office's long held reliance upon Anufrijeva v Southwark LBC [2003] EWCA Civ 1406 and potentially opened the door for an increase in loss of earnings claims by those who have been subject to unlawful delays in the grant of settled status. The case is of particular importance to the many individuals who suffered losses arising from the Home Office's policy as described in R(oao S) v SSHD [2007] EWCA 546. The Court of Appeal, in one of Sedley LJ's last judgments, also took the opportunity to confirm that, in general, negligence claims could not be sustained against public authorities where the proximity between the parties was solely created by a statutory relationship

As well as lecturing extensively on new developments in this rapidly changing field, David is also approved by the Law Society and acts as an assessor on the Immigration and Asylum Accreditation Scheme, for solicitors and legal representatives.

In employment David works in the fields of racial and sexual discrimination, unfair dismissal, working time regulations and unlawful deduction of wages, both for Claimants and Respondents. As well as appearing at Tribunal and Employment Appeal Tribunal levels, David also works in an advisory capacity, for private clients, local authorities, trade unions, and through his connections with Camden Community Law Centre. He has a particular interest in the increasingly complex interrelationship between immigration and employment law.

David's burgeoning and wide-ranging civil practice, includes civil actions against the police, landlord and tenant disputes as well as general contractual matters, which have recently seen him representing Ethiopian Airways in an international dispute concerning the ownership of a Boeing 757.

Reported Cases

• MK (Pakistan) v SSHD [2009] EWCA Civ 802 (erroneous approach to the definition of persecution)
  
• BA (Pakistan) v SSHD [2009] EWCA Civ 1072 (Tribunal''s approach to sustained ill-treatment legally flawed)
  
• SS (Iran) v SSHD [2008] EWCA Civ 310 (overturning erroneous credibility findings)
  
• Nhenga (R on the application of) v SSHD [2008] EWHC 3588 (Admin) (substantive compliance in completion of application forms)
  
• Cotswold Developments v Williams [2006] IRLR 181 (mutuality of obligation)
  
• Akhvan-Moosavi v ALG UKEAT 0501/04 (late submission of ET1)

Background

Before coming to the Bar, David twice represented the United Kingdom at the International Bar Association''s Jessop Moot competition in Washington D.C. It was this grounding in International Law together with his social action work as the National Director of a youth education charity, that served to cement David''s enthusiasm for the promotion of human rights.

Memberships

David is a member of Amnesty International.

Year of Call

2000

Education

LLB (Hons) (Leeds)

Email Address

d.lemer@doughtystreet.co.uk

Specialist Teams

Member :

• Direct Public Access
• Employment and Discrimination
• Immigration